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Thursday, July 18, 2019 8:00 PM

Heads of terms can form a binding contract

The High Court has held that heads of terms agreed at a mediation are capable of amounting to a binding contract that the court will uphold. The case

Thursday, July 18, 2019 8:00 PM

Arbitration. Enforcement of Agreements to Arbitrate. Non-signatories. District court grants motion to compel arbitration, concluding that non-signatory defendant was either a party to the arbitration agreement, a third party beneficiary, or an agent of a signatory.

Plaintiff James Thompson ("Thompson") brought this suit against Defendant Sutherland Global Services, Inc. ("Sutherland") pursuant to the Telephone

Thursday, July 18, 2019 8:00 PM

Arbitration. Enforcement of Agreements to Arbitrate. Supreme Court of Alaska holds that settlement agreement releasing parties from "any and all obligations" under prior contract also releases parties from arbitration agreement contained in that contract.

In May 2016, after entering into a contract for the construction of a restaurant in Hawaii, Jet Commercial Construction, LLC ("Jet"), an Oklahoma

Thursday, July 18, 2019 8:00 PM

Service on a Sovereign State Part II: Play it again Sam on What, When, How, and Why?

Clarification on the juncture between service, enforcing arbitration awards, and the State Immunity Act 1978: since our first comment on these

Thursday, July 18, 2019 8:00 PM

Arbitration. Confirmation of Award. District court holds that issue of waiver must be decided by court and not arbitrator, and that court of the seat of arbitration is the appropriate court for such decisions.

In September of 2006, Goldgroup Resources, Inc. ("Goldgroup") entered into an EarnIn Option Agreement (the "Option Agreement") with DynaResource De

Thursday, July 18, 2019 8:00 PM

Arbitration. Vacatur and Confirmation. Eleventh Circuit affirms district court's decisions on subject-matter jurisdiction, dismissal of petition to vacate arbitral award and confirmation of arbitral award.

Defendant Del Monte International GmbH ("Del Monte"), a Swiss Corporation, developed the MD-2 pineapple variety in 1980s and introduced it to Costa

Thursday, July 18, 2019 8:00 PM

Arbitration. Confirmation of Award. Second Circuit employs "look-through" approach to petitions to confirm arbitration awards to determine whether subject matter jurisdiction exists.

In June 2005, two groups from the Bobov Hasidic Jewish community in Brooklyn, New York, agreed to arbitrate certain disputes before a rabbinical

Thursday, July 18, 2019 8:00 PM

Arbitration. Foreign Sovereign Immunities Act. Forum Non Conveniens. District court stays action to confirm foreign arbitral award under New York Convention after finding state-owned entity subject to court's jurisdiction under FSIA.

Devas Mutlimedia Private Ltd. ("Devas") brought an action to confirm a foreign arbitral award issued against Antrix Corp. Ltd. ("Antrix"), an entity

Thursday, July 18, 2019 8:00 PM

Arbitration. Confirmation of Award. District court confirms arbitration award, finding that a pending appeal in a related state court action was no basis to vacate the award.

Corrib Oil Biofuels, LLC ("Corrib Oil") contracted with FCStone Merchant Services, LLC ("FCSTONE") to purchase degummed soybean oil. Ballinasmalla

Thursday, July 18, 2019 8:00 PM

Arbitration. Claim Preclusion. Ninth Circuit found that arbitration award and confirmation by a district court barred plaintiff from pursuing action based on the doctrine of claim preclusion, under Florida law.

NTCH-WA, Inc. is one of a number of affiliates that operate together under the name "ClearTalk" and offer prepaid and flat-rate cell phone service to

Thursday, July 18, 2019 8:00 PM

Arbitration. Enforcement of Agreements to Arbitrate. McCarran-Ferguson Act. Fifth Circuit holds that state law prohibiting arbitration in insurance contracts was preempted by the New York Convention.

In fall 2015, McDonnel Group, L.L.C. ("McDonnel") purchased a builders risk insurance policy (the "policy") from defendant insurers for a construction

Wednesday, July 17, 2019 8:00 PM

III-41- Things That Make You Go "Hmmm" in Employment Law

This Episode looks at recent employment law developments that may make you go "hmmm"

Wednesday, July 17, 2019 8:00 PM

Better late than never: SGCA sets aside award after belated challenge by non-participating party to arbitration

In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Pte) Ltd 2019 SGCA 33 (“Rakna Arakshaka”), the Court of Appeal confirmed that a

Wednesday, July 17, 2019 8:00 PM

Court strikes down New York anti-arbitration provisions

As we reported here and here, New York State has enacted laws prohibiting mandatory arbitration of sexual harassment claims and all other

Wednesday, July 17, 2019 8:00 PM

Supreme Court evaluates hybrid arbitration agreement

The Supreme Court recently considered the validity of a hybrid arbitration agreement which provided for the formation of a tribunal under the

Wednesday, July 17, 2019 8:00 PM

Enforcement Against a Sovereign State: A Relaxation of the Rules of Service

Sovereign States have, for a long time, enjoyed a degree of protection from the English courts under the State Immunity

Wednesday, July 17, 2019 8:00 PM

2018 DIS Arbitration Rules - one year on

On 1 March 2018 the German Arbitration Institute's (DIS's) new Arbitration Rules (the 2018 DIS Arbitration Rules) came into force. The highly

Wednesday, July 17, 2019 8:00 PM

Rock Beats Scissor: Federal Law Cuts Through New York State’s Attempt to Prohibit Mandatory Arbitration of Sexual Harassment Claims

Proponents of mandatory arbitration in New York can collectively let out a sigh of relief as a federal court judge has weighed in on the question of

Wednesday, July 17, 2019 8:00 PM

VIAC obtained a permit to administer Russian corporate disputes

On 4 July 2019 the Vienna International Arbitral Centre (VIAC) obtained permission from the Ministry of Justice of the Russian Federation to act as

Tuesday, July 16, 2019 8:00 PM

Guide on Commercial Dispute Resolution

The commercial disputes in UAE are generally resolved through litigation or arbitration. Wherein arbitration is nowadays the most common and

Tuesday, July 16, 2019 8:00 PM

Agreement to Arbitrate Acknowledged, Not Accepted, Eighth Circuit Says

Recent workplace arbitration jurisprudence from the Supreme Court of the United States has drawn quite a bit of attention in the employment arena

Tuesday, July 16, 2019 8:00 PM

English Law on the World Stage: Why London is still forum of choice for international litigants.

Despite the current political uncertainty, the English Courts continue to see high levels of international and cross-border litigation, as

Tuesday, July 16, 2019 8:00 PM

Beware of taking too many bites of the cherry: the effect of res judicata by merger

In a characteristically careful and considered judgment handed down today, Chief Master Marsh declared that the Court had no jurisdiction to hear a

Tuesday, July 16, 2019 8:00 PM

Ninth Circuit Follows McGill Decision, Cementing Arbitration Risk in California

The U.S. Court of Appeals for the Ninth Circuit has passed on an opportunity to fix the so-called McGill problem in California, affirming the denial

Tuesday, July 16, 2019 8:00 PM

Southern District of New York Rules Federal Law Preempts New York State Law Banning Arbitration of Sexual Harassment Claims

Many retail employers require their employees to agree to arbitrate employment-related disputes as a condition of employment. The United States

Tuesday, July 16, 2019 8:00 PM

PJSC Tatneft v Bogolyubov: Security for costs order against Russian Claimant with assets in Switzerland and Cyprus

In PJSC Tatneft v Bogolyubov 2019 EWHC 1400 (Comm) the High Court gave a useful indication as to the readiness of the English Courts to award

Monday, July 15, 2019 8:00 PM

Hong Kong Court grants anti-suit injunction against third party

In circumstances where a non-party to a contract becomes entitled to enforce a right under that contract (for example, a company may be a beneficiary

Monday, July 15, 2019 8:00 PM

A residential tenancy branch arbitrator erred in granting an order for possession to a landlord when he failed to adequately address the issue of the landlord’s good faith intentions, and the adequacy of the renovation permits

The LandlordAppellant, Aarti Investments Ltd., was unsuccessful in attempting to appeal a decision of a Chambers Judge. The Chambers Judge had set

Monday, July 15, 2019 8:00 PM

The Eighth Circuit Says a Delegation Clause Isn’t Valid (and Calls Wrap Contract Formation Into Doubt at the Same Time)

So, remember when we talked about Just How Small the Bullseye Is for Challenging a Delegation Clause a few weeks ago? Apparently, the target is small

Monday, July 15, 2019 8:00 PM

ICSID releases updated rules proposal and compendium of State and public comments

On 15 March 2019, following public consultations with states and stakeholders, ICSID released its second draft working paper of its proposed

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